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International Arbitration Newsletter - October 2020 Regional Overview: The Americas
Canadian company Aecon Construction (Aecon), main participant in the international consortium responsible for the construction of the new
International Arbitration Newsletter - October 2020 Regional Overview: Middle East and Africa
General Electric (GE) has filed two ICC claims against Aenergy, an Angolan energy company. The African company accused GE of encouraging Angolan
International Arbitration Newsletter - October 2020 Regional Overview: Europe
US’s Metal Commodities Trade Corp and UK’s Altberg Developments, both shareholders of Durres Container Terminal (an Albanian joint venture used
International Arbitration Newsletter - October 2020 Regional Overview: Asia Pacific
In August 2020, the Shanghai No.1 Intermediate People’s Court confirmed the validity of the Singapore International Arbitration Centre (SIAC
Court of Appeal summaries (October 19 - October 23, 2020)
There were only three substantive decisions released by the Court of Appeal this week. In Paulpillai Estate v. Yusuf, the Court reviewed in detail
Legal update for energy lawyers - October 2020
In the recent case of Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb , the UK Supreme Court has reversed a decision of the Court of Appeal
Rights of representation in international arbitration: are you being heard?
A recent decision of the Singapore High Court declined to set aside a Singapore International Arbitration Centre (“SIAC”) award where the applicant
Supreme Court clarifies principles for determining law of arbitration agreement
The Supreme Court has clarified definitively the principles for ascertaining the law governing an arbitration agreement. In contrast to the Court of
Important changes to the Singapore International Arbitration Act
Singapore is arguably the world's most pro-arbitration jurisdiction. Last month, the Ministry of Law introduced a bill to make two important
Can the Hong Kong court grant relief wider than that contained in a Mainland arbitral award in a common law action to enforce the award?
The Hong Kong Court of Final Appeal (the CFA) handed down an important decision on 9 October 2020, clarifying whether the court’s jurisdiction is
Keeping it in the family
A family dispute is undeniably something most people would prefer to keep private, but for those in the public eye this may be easier said than done
Manchester City Successfully Appeals Two-Year European Football Ban
On 13 July 2020, an arbitral tribunal constituted under the Court of Arbitration for Sport, in Lausanne, Switzerland, set aside a prior decision of
Hold on to your seats: UK Supreme Court ends the argument about the law governing arbitration agreements
Identifying what law governs a contractual term requiring the parties to arbitrate their disputes, rather than taking them to court, can be profoundly
Nigeria Permitted to Resist Enforcement of Arbitration Award that was Potentially Based on Corruption and Fraud
On 4 September 2020, the High Court of Justice, Queen's Bench Division (Commercial Court) issued a decision in The Federal Republic of Nigeria v
Jersey's BIT with the UAE and reflections on investment treaty practice in non-sovereign autonomous regions
A treaty is defined as 'a written agreement between two or more countries'. This is not necessarily correct. Non-sovereign autonomous regions like
10th Cir. Holds That Questions of Arbitration Agreement Formation Can Only Be Decided by Court
In Fedor v. United Healthcare, No. 19-2066, 2020 WL 5540551 (10th Cir. Sep. 16, 2020), the Tenth Circuit held that a challenge to whether an
An expert's guide to...Family Law and Divorce, with Katie O'Callaghan
Family Partner & Mediator, Katie O’Callaghan shares the divorce process and explains how to protect your assets and your peace of mind whilst going
Parties and arbitrators guilty of corruption in arbitration proceedings will face criminal liability in Russia
This change was made in compliance with Russia’s international obligations in connection with its accession to the Council of Europe Criminal Law
Herbert Smith freehills launches podcast to accompany first guide to dispute resolution and governing law in Russia
Following the launch of our first Guide to Dispute Resolution and Governing Law in Russia, we have recorded a podcast discussing the background to
Party Nomination of Arbitrators: Égalité of Parties and the 'Dutco Principle'
Parties benefit from a broad freedom in nominating arbitrators. In the context of an arbitration seated in France, the French law principle of
Victory Before the Fifth Circuit Court of Appeals Compels Arbitration of Whistleblower Claims
A team of Houston attorneys comprised of Heidi Gumienny, Kristina Brar and Laura De Santos obtained a significant victory before the Fifth Circuit
Setting-off or setting aside? Polish court holds that tribunal’s refusal to consider set-off violates Polish public policy
The Appellate Court in Warsaw Case No. VII AGa 80419 considered whether a narrow arbitration clause may be a reason for rejecting a set-off
Circuit split on 28 U.S.C. 1782: Are U.S. courts trending against discovery for foreign private arbitrations?
On 22 September 2020, the U.S. Court of Appeals for the Seventh Circuit joined the Second and Fifth Circuits In narrowly interpreting the statutory
终审法院对法院在执行仲裁裁决的普通法诉讼中的 司法管辖权作出裁决
一项长达 15 年的关于土地交付和开发及其后续股份出售的协议争议终于尘埃落定香港终审法院终审法院驳回了各方的交叉上诉
В России впервые установлена уголовная ответственность за коррупционные действия в рамках арбитража (третейского разбирательства)
В октябре 2020 года был принят закон о внесении изменений в Уголовный кодекс РФ, которым была введена новая статья в УК РФ - 2007 Подкуп арбитра
Court of Final Appeal rules on jurisdiction of court in a common law action to enforce an arbitral award
In the final chapter of a long running dispute spanning 15 years concerning an agreement for the delivery and development of a piece of land and
Singapore: New Act seeks to enhance Singapore’s status as an international arbitration hub
The Act provides for default procedures to appoint arbitrators in multi-party arbitrations and codifes Court and tribunal powers to enforce
English Supreme Court confirms principles for determining the governing law of an arbitration agreement
In its recent judgment, the English Supreme Court has given welcome clarification on how to determine the governing law of an arbitration agreement
How to Choose your Mediator - 5 Things to Consider
In the UK alone there are over 600 registered mediators. Globally, there are thousands. So, how do you ensure you choose the right mediator for your